People v. Matelic

641 N.W.2d 252, 249 Mich. App. 1
CourtMichigan Court of Appeals
DecidedMarch 19, 2002
DocketDocket 220221
StatusPublished
Cited by12 cases

This text of 641 N.W.2d 252 (People v. Matelic) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Matelic, 641 N.W.2d 252, 249 Mich. App. 1 (Mich. Ct. App. 2002).

Opinions

Gage, P.J.

Defendant appeals by leave granted the trial court’s order denying his motion for earlier parole consideration. We reverse and remand for further proceedings.

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Following an October 1987 jury trial, defendant was convicted of possession with intent to deliver 650 or more grams of a mixture containing cocaine, MCL 333.7401(2)(a)(i), and possession of a firearm during the commission of a felony, MCL 750.227b. On November 3, 1987, the trial court sentenced defendant to a mandatory term of life imprisonment for the possession with intent to deliver conviction and a consecutive two-year term for the felony-firearm conviction. This Court later affirmed defendant’s convictions, People v Matelic, unpublished opinion per curiam of the Court of Appeals, issued September 8, [6]*61989 (Docket No. 105679), and the Supreme Court denied defendant’s application for leave to appeal, People v Matelic, 440 Mich 910; 491 NW2d 814 (1992), and motion for rehearing, People v Matelic, 441 Mich 894; 495 NW2d 386 (1992).

In 1987 when defendant committed the crime and was convicted, MCL 333.7401(2)(a)(i) provided that an individual found guilty of possessing with the intent to deliver any mixture containing cocaine that weighed 650 grams or greater would receive a mandatory sentence of life imprisonment. Furthermore, at the time of defendant’s conviction and sentence the parole eligibility statute precluded any possibility of parole for the individual sentenced to a mandatory life term “for a major controlled substance offense.” Formerly MCL 791.234(4), currently MCL 791.234(6). These unyielding sentences reflected the Legislature’s attempt to stem Michigan-related trafficking in controlled substances and to diminish the prevalent and deleterious consequences that such trafficking in, abuse of, and addiction to controlled substances imposed on society. People v Bullock, 440 Mich 15, 55, 66 (Riley, J., concurring in part and dissenting in part), 73 (Boyle, J., concurring in part and dissenting in part); 485 NW2d 866 (1992); People v Gorgon, 121 Mich App 203, 206-207; 328 NW2d 619 (1982).

In 1998, the Legislature revisited the question of mandatory life imprisonment for traffickers in mixtures of controlled substances in amounts weighing 650 grams or more. The Legislature passed two bills that mitigated somewhat the “drug lifer” law. 1998 PA 319 amended MCL 333.7401(2)(a)(i) .to remove this subsection’s mandatory life imprisonment language, [7]*7instead authorizing punishment “for life or any term of years but not less than 20 years.” 1998 PA 314 amended MCL 791.234(6) by deleting the subsection’s explicit exclusion of violators of MCL 333.7401(2) (a) (i) from parole consideration and by specifically providing for parole eligibility for such an offender after twenty years’ imprisonment if the offender “has another conviction for a serious crime,” or after 17V2 years’ imprisonment if the offender “does not have another conviction for a serious crime.”1 1998 PA 314 also created MCL 791.234(10),2 which permits an offender convicted under MCL 333.7401(2)(a)(i) who was sentenced to life imprisonment earlier parole eligibility, 2 ¥2 years earlier than the periods set forth in MCL 791.234(6), when the sentencing court or its successor finds that the offender “has cooperated with law enforcement.” Seeking to avail himself of the Legislature’s newly fashioned parole eligibility provisions, defendant through his counsel sent the Wayne County Pros[8]*8ecuting Attorney a January 19, 1999, letter expressing defendant’s “willingness to ‘cooperate with law enforcement’ ” by meeting “with any designated representative of [the prosecutor’s] office for the purpose of providing . . . such assistance as you may request.” No representative of the prosecutor’s office ever arranged to interview defendant, because it was believed that after twelve years’ imprisonment it was unlikely that defendant possessed any useful information regarding the 1987 events surrounding defendant’s conviction.

In February 1999, defendant filed a motion seeking to have the trial judge that sentenced him make a determination regarding defendant’s willingness to cooperate with the authorities. Defendant reasoned that according to the clear language of MCL 791.234(10), the determining factor with respect to cooperation constituted the willingness of a prisoner serving a life sentence for selling a controlled substance to speak with law enforcement personnel, “not whether that openness and willingness to talk to law enforcement leads to any results.” Defendant further clarified that he remained willing to cooperate with the police, the prosecutor’s office, or the trial court.

The prosecutor replied that defendant should have offered some information at the time of his 1987 conviction and that defendant’s 1999 letter represented a disingenuous attempt to qualify for earlier parole eligibility. The prosecutor suggested that the Legislature contemplated that a defendant’s cooperation would involve the defendant’s disclosure of other drug contacts “who, presumably, have not yet been charged or who are unknown to law enforcement.” The prosecutor also asserted that the retroactive parole eligi[9]*9bility provisions within MCL 791.234(6) and (10) mitigated defendant’s sentence and therefore unconstitutionally infringed the Governor’s commutation power.

Defendant responded that no language within MCL 791.234(10) supported the prosecutor’s proffered interpretation that any offer of cooperation must occur temporally near a defendant’s arrest. Defendant proposed to the contrary that in light of the explicit retroactive application of the statute and the expressed lack of concern regarding the relevance of the information offered by the cooperating defendant, the statute clearly applied to any defendant who expresses a willingness to advise law enforcement personnel of “whatever he or she knows” “regardless of the age, relevance or usefulness of the information offered.” With respect to the prosecutor’s constitutional challenge to the early parole scheme, defendant argued that the prosecutor lacked standing to set forth an alleged violation of the Governor’s commutation power. Defendant urged that the Legislature’s enactment of parole eligibility provisions did not constitute a modification of the underlying life sentences. Defendant lastly argued that even if the parole eligibility provisions infringed somewhat the Governor’s commutation power, this minor interference remained constitutional because the Legislature acted pursuant to its own constitutional police power to alleviate the unduly harsh penalty imposed on an entire class of prisoners.

The trial court denied defendant’s motion for earner parole consideration because it did not agree that he had cooperated as the statute intended. The court reasoned as follows:

[10]*10This present offer is distinguishable from the statutory requirement which states . . that the prisoner . . . has cooperated with law enforcement.” MCL 7[9] 1.234(9) . . . Emphasis added. Prior to the amendment of the law, there was no record to support any cooperation by the defendant in this matter. The court is not convinced that an offer to cooperate twelve years subsequent to a conviction satisfies the statutory requirement.

The court did not address in its ruling the constitutionality of the parole eligibility provisions.

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Cite This Page — Counsel Stack

Bluebook (online)
641 N.W.2d 252, 249 Mich. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matelic-michctapp-2002.